In 2006 I signed a C.A.R. (California Association of Realtors) Residential Lease and Month-to-Month Rental Agreement as Guarantor for my son and his family. That lease ended in May 2007. The landlord asked them to stay and did a letter agreement with them requesting my signature again as guarantor, I reluctantly signed and paid her when I was obligated between June 2006 and May 31, 2008. When the second year ended, the landlord again requested my signature and I refused. She wrote her letter agreement writing in that I was responsible although I did not sigh and had never seen the letter until much later. She evicted my son and his family in May 2009. My son and his wife voluntarily signed a Note and Stipulation and Judgment with the landlord but never paid her a dime.
She went attorney shopping and finally came up with one who took her case and is suing me saying that I am still the guarantor and that although the original lease has an ending date and the two letter agreements have ending dates she claims that they were just extensions and all the terms of the original lease are still in effect. Her attorney is using case law from Central Building LLC v. Cooper (2005) 127 Cal App 4th (1053) a commercial lease to substantiate their case. Also, an attorney friend of mine told her attorney that due to the Note and Stipulation and Judgment in August 2009 that a Novation had been established, of course her attorney rejects both of these claims.
This is nothing but a malicious claim as her attorney has stated that it would be better to pay her than pay my attorney to defend their frivilous claim (frivilous claim = my words). This is a "cost of defense" malicious prosecution as I see it. The mediation will take place on June 30 at 10:00 A.M. and I am putting together everything I can find.
Also, the California Association of Realtors Legal Hotline says, and they are the folks who wrote the lease form that the guarantor section is a "limited" guarantee and not a "continuing guarantee" as they claim.